ORANGE CITY COUNCIL
Extraordinary Council Meeting
Agenda
6 September 2016
Notice is hereby given, in accordance with the provisions of the Local Government Act 1993 that a Extraordinary meeting of ORANGE CITY COUNCIL will be held in the Council Chamber, Civic Centre, Byng Street, Orange on Tuesday, 6 September 2016 commencing at
6.00pm
Garry Styles
General Manager
For apologies please contact Michelle Catlin on 6393 8246.
Extraordinary Council Meeting 6 September 2016
In the event of an emergency, the building may be evacuated. You will be required to vacate the building by the rear entrance and gather at the entrance to the car park. This is Council's designated emergency muster point.
Under no circumstances is anyone permitted to re-enter the building until the all clear has been given and the area deemed safe by authorised personnel.
In the event of an evacuation, a member of Council staff will assist any member of the public with a disability to vacate the building
1.1 Apologies and Leave of Absence
1.2 Acknowledgement of Country
2.1 2016 Election of Mayor and Deputy Mayor
2.2 Dates for Meetings of Council and the Time Required for Notice of Meetings
2.3 Policy and Community Committees of Council
1.1 Apologies and Leave of Absence
1.2 Acknowledgement of Country
I would like to acknowledge the Wiradjuri people who are the Traditional Custodians of the Land. I would also like to pay respect to the Elders both past and present of the Wiradjuri Nation and extend that respect to other Aboriginal Australians who are present.
The provisions of Chapter 14 of the Local Government Act, 1993 (the Act) regulate the way in which Councillors and designated staff of Council conduct themselves to ensure that there is no conflict between their private interests and their public role.
The Act prescribes that where a member of Council (or a Committee of Council) has a direct or indirect financial (pecuniary) interest in a matter to be considered at a meeting of the Council (or Committee), that interest must be disclosed as soon as practicable after the start of the meeting and the reasons given for declaring such interest.
As members are aware, the provisions of the Local Government Act restrict any member who has declared a pecuniary interest in any matter from participating in the discussion or voting on that matter, and requires that member to vacate the Chamber.
Council’s Code of Conduct provides that if members have a non-pecuniary conflict of interest, the nature of the conflict must be disclosed. The Code of Conduct also provides for a number of ways in which a member may manage non pecuniary conflicts of interest.
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Recommendation It is recommended that Councillors now disclose any conflicts of interest in matters under consideration by the Council at this meeting.
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TRIM REFERENCE: 2016/1925
AUTHOR: Michelle Catlin, Manager Administration and Governance
EXECUTIVE Summary
Council is required to elect the Mayor and Deputy Mayor each year in September. The process for the election is prescribed in this report, and seeks Council’s resolution of the method of voting to be used. The General Manager is the Returning Officer appointed to conduct the election process.
Link To Delivery/OPerational Plan
The recommendation in this report relates to the Delivery/Operational Plan strategy “1.1 Our City - Provide easily obtainable information on the legal responsibilities of Councillors, Council staff and the community”.
Financial Implications
Council has been advised that as a council included in the NSW Government’s merger proposals under consideration by the Office of Local Government since referral on 6 January 2016, Council must comply with the merger proposal period guidelines issued under S23A of the Local Government Act 1993.
The guidelines instruct Council it should expend money in accordance with the detailed budget adopted for the purposes of implementing the Delivery/Operational Plan for the 2015/16 year.
Any expenditure outside the adopted budget requires the identification of clear and compelling grounds and must be approved by Council at a meeting that is open to the public. The guidelines indicate the resolution of Council for increased expenditure must specify the reasons why the expenditure is required and warranted.
If increased expenditure is greater than $250,000 or 1% of the Council’s revenue from rates in the preceding year, whichever is the greater, Council is required to exhibit the increase to the budget and consider comments received.
Council must also avoid entering into contracts or undertakings where expenditure or revenue is greater than $250,000 or 1% of the Council’s revenue from rates in the preceding year, whichever is the greater, unless the contract or undertaking is as a result of a decision or procurement process commenced prior to the merger proposal period or where entering into a contract or undertaking is reasonably necessary for the purposes of meeting the ongoing service delivery commitments of the Council or was previously approved in the Council’s Delivery/Operational Plan.
Policy and Governance Implications
The Local Government Act 1993 and associated regulations provide the methods of voting for the election of Mayor and Deputy Mayor.
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1 That the method of voting for the election of Mayor and Deputy Mayor be Ordinary Ballot. 2 That the General Manager, acting as Returning Officer, conduct the 2016 Election for the Mayor and Deputy Mayor. |
further considerations
Consideration has been given to the recommendation’s impact on Council’s service delivery; image and reputation; political; environmental; health and safety; employees; stakeholders and project management; and no further implications or risks have been identified.
SUPPORTING INFORMATION
As required by the Local Government Act 1993, it is necessary for the Council to elect the Mayor and Deputy Mayor.
Council would be aware of the referendum held in 2012 which saw a change to the method of election of Mayor to be election by the community as part of the General Local Government Election. Given Council is subject to a merger proposal, the next election has been deferred until 2017. Accordingly, Council is required to elect the Mayor in September 2016.
The procedure to be followed for the conduct of the Elections is to be in accordance with Schedule 7 of the Local Government (General) Regulation 2005 which states (in part):
1 The General Manager is the Returning Officer.
2 a) A Councillor may be nominated without notice for election as Mayor or Deputy Mayor
b) The nomination is to be made in writing by two or more Councillors (one of whom may be the nominee). The nomination is not valid unless the nominee has indicated consent to the nomination in writing
c) The nomination is to be delivered or sent to the Returning Officer
d) The Returning Officer is to announce the names of the nominees at the Council Meeting at which the election is to be held.
Nominations can be lodged in a locked ballot box, which is located in the General Manager’s office and will be in the Council Chamber prior to the Meeting. Two nomination forms have been provided with this report.
At the start of the meeting, the Returning Officer will unlock the box and announce the nominated Councillors for the position of Mayor. Nominated Councillors will be given the opportunity to decline nomination for position of Mayor at this time.
Upon completion of the election for Mayor, the same procedure will be repeated for the election of Deputy Mayor.
The Election count and procedures for nominations, as set out in the Local Government (General) Regulation 2005 Schedule 7, are detailed below:
Election
3 (1) If only one Councillor is nominated, that Councillor is elected.
(2) If more than one Councillor is nominated, the Council is to resolve whether the election is to proceed by preferential ballot, by ordinary ballot or by open voting.
(3) The election is to be held at the Council Meeting at which the Council resolves on the method of voting.
(4) “ballot” has its normal meaning of secret ballot
“open voting” means voting by a show of hands or similar means.
Ordinary Ballot or Open Voting
Marking of Ballot Papers
5 (1) If the election proceeds by ordinary ballot, the Returning Officer is to decide the manner in which votes are to be marked on the ballot-papers.
(2) The formality of a ballot-paper under this Part must be determined in accordance with clause 345 (1) (b) and (c) and (6) of this Regulation as if it were a ballot-paper referred to in that clause.
(3) An informal ballot-paper must be rejected at the count.
Count - 2 Candidates
6 (1) If there are only 2 candidates, the candidate with the higher number of votes is elected.
(2) If there are only 2 candidates and they are tied, the one elected is to be chosen by lot.
Count - 3 or more candidates
7 (1) If there are 3 or more candidates, the one with the lowest number of votes is to be excluded.
(2) If 3 or more candidates remain, a further vote is taken of those candidates and the one with the lowest number of votes from that further vote is to be excluded.
(3) If, after that, 3 or more candidates still remain, the procedure set out in subclause (2) is to be repeated until only 2 candidates remain.
(4) A further vote is to be taken of the 2 remaining candidates.
(5) Clause 6 of this Schedule then applies to the determination of the election as if the 2 remaining candidates had been the only candidates.
(6) If at any stage during a count under subclause (1) or (2), 2 or more candidates are tied on the lowest number of votes, the one excluded is to be chosen by lot.
Preferential Ballot
Ballot-papers and Voting
9 (1) The ballot-papers are to contain the names of all the candidates. The Councillors are to mark their votes by placing the numbers ‘1’, ‘2’ and so on against the various names so as to indicate the order of their preference for all the candidates.
(2) The formality of a ballot-paper under this Part is to be determined in accordance with clause 345 (1) (b) and (c) and (5) of this Regulation as if it were a ballot-paper referred to in that clause.
(3) An informal ballot-paper must be rejected at the count.
Count
10 (1) If a candidate has an absolute majority of first preference votes, that candidate is elected.
(2) If not, the candidate with the lowest number of first preference votes is excluded and the votes on the unexhausted ballot-papers counted to him or her are transferred to the candidates with second preference on those ballot-papers.
(3) A candidate who then has an absolute majority of votes is elected, but, if no candidate then has an absolute majority of votes, the process of excluding the candidate who has the lowest number of votes and counting each of his or her unexhausted ballot-papers to the candidates remaining in the election next in order of the voter’s preference is repeated until one candidate has received an absolute majority of votes. The latter is elected.
(4) In this clause, absolute majority, in relation to votes, means a number that is more than one-half of the number of unexhausted formal ballot-papers.
In the past, Council has nominated to conduct the election of Mayor and Deputy Mayor by Ordinary Ballot and therefore that method of voting is recommended.
Choosing by Lot
11 To choose a candidate by lot, the names of candidates who have equal numbers of votes are written on similar slips of paper by the Returning Officer, the slips are folded by the Returning Officer so as to prevent the names being seen, the slips are mixed and one is drawn at random by the Returning Officer and the candidate whose name is on the drawn slip is chosen.
Result
12 The result of the election (including the name of the candidate elected as Mayor or Deputy Mayor) is:
a) To be declared to the Councillors at the Council Meeting at which the election is held by the Returning Officer; and
b) To be delivered or sent to the Chief Executive of the Office of Local Government and to the Secretary of Local Government New South Wales.
Timing of Mayoral Election
Section 290 of the Local Government Act requires that the election of the Mayor is held:
a) If it is the first election after an ordinary election of Councillors within 3 weeks after the ordinary election, or
b) If it is not that first election or an election to fill a casual vacancy during the month of September.
ORANGE CITY COUNCIL
NOMINATION FOR THE POSITION OF MAYOR
(Under Schedule 7, Local Government (General) Regulation 2005)
We, the undersigned, hereby nominate __________________________________________
for the position of MAYOR for the 2016/17 Term of Office.
** A minimum of two nominators is required**
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Date 2016 |
I,________________________________________ CONSENT TO MY NOMINATION FOR THE
POSITION OF MAYOR FOR THE 2016/17 TERM OF OFFICE
SIGNED ____________________________ DATE __________________________
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ORANGE CITY COUNCIL
NOMINATION FOR THE POSITION OF DEPUTY MAYOR
(Under Schedule 7, Local Government (General) Regulation 2005)
We, the undersigned, hereby nominate __________________________________________
for the position of DEPUTY MAYOR for the 2016/17 Term of Office.
** A minimum of two nominators is required**
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Date 2016 |
I,________________________________________ CONSENT TO MY NOMINATION FOR THE
POSITION OF DEPUTY MAYOR FOR THE 2016/17 TERM OF OFFICE
SIGNED ____________________________ DATE __________________________
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TRIM REFERENCE: 2016/1928
AUTHOR: Michelle Catlin, Manager Administration and Governance
EXECUTIVE Summary
The Local Government Act 1993 requires Council to determine when ordinary meetings of the Council are to occur and also the time and manner of notice of ordinary meetings.
Link To Delivery/OPerational Plan
The recommendation in this report relates to the Delivery/Operational Plan strategy “1.1 Our City - Provide easily obtainable information on the legal responsibilities of Councillors, Council staff and the community”.
Financial Implications
Council has been advised that as a council included in the NSW Government’s merger proposals under consideration by the Office of Local Government since referral on 6 January 2016, Council must comply with the merger proposal period guidelines issued under S23A of the Local Government Act 1993.
The guidelines instruct Council it should expend money in accordance with the detailed budget adopted for the purposes of implementing the Delivery/Operational Plan for the 2015/16 year.
Any expenditure outside the adopted budget requires the identification of clear and compelling grounds and must be approved by Council at a meeting that is open to the public. The guidelines indicate the resolution of Council for increased expenditure must specify the reasons why the expenditure is required and warranted.
If increased expenditure is greater than $250,000 or 1% of the Council’s revenue from rates in the preceding year, whichever is the greater, Council is required to exhibit the increase to the budget and consider comments received.
Council must also avoid entering into contracts or undertakings where expenditure or revenue is greater than $250,000 or 1% of the Council’s revenue from rates in the preceding year, whichever is the greater, unless the contract or undertaking is as a result of a decision or procurement process commenced prior to the merger proposal period or where entering into a contract or undertaking is reasonably necessary for the purposes of meeting the ongoing service delivery commitments of the Council or was previously approved in the Council’s Delivery/Operational Plan.
Policy and Governance Implications
Council’s Code of Meeting Practice requires that notice for ordinary and extraordinary meetings be at least three days prior to the meeting. Notice of less than three days may be given if an extraordinary meeting is called for an emergency situation.
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1 That meetings be held as follows: a One meeting per month of the Ordinary Policy Committees, being the Planning and Development Committee, Employment and Economic Development Policy Committee, Infrastructure Policy Committee, Sport and Recreation Policy Committee, Environmental Sustainability Policy Committee, Finance Policy Committee, Services Policy Committee, be held on the first Tuesday of each month as part of a Council Meeting, commencing at 7pm. b A public forum be scheduled, where required, at the commencement of the Council meeting of the first Tuesday of each month (prior to the Policy Committee Meetings). c The main Ordinary Council meeting on the third Tuesday of each month commencing at 7pm. d Briefings on the second Tuesday of each month if required, commencing at 6pm and if an additional briefing is required in the month, that it be held on the third Tuesday of the month prior to the Council Meeting commencing at 6pm. 2 That the notice of ordinary and extraordinary meetings of Council and Policy Committees be at least three days prior to the meeting (notice of less than three days may be given if an extraordinary meeting is called for an emergency). |
FURTHER CONSIDERATIONS
Consideration has been given to the recommendation’s impact on Council’s service delivery; image and reputation; political; environmental; health and safety; employees; stakeholders and project management; and no further implications or risks have been identified.
supporting information
Council’s current resolution is that one meeting per month of the Ordinary Policy Committees, being the Planning and Development Committee, Employment and Economic Development Policy Committee, Infrastructure Policy Committee, Sport and Recreation Policy Committee, Environmental Sustainability Policy Committee, Finance Policy Committee, Services Policy Committee be held on the first Tuesday of each month commencing at 7pm.
Ordinary Council Meetings are held on the first Tuesday of each month (to facilitate the Policy Committee Meetings) and the main Council meeting each month on the third Tuesday commencing at 7pm.
Council conducts a public forum, where required, at the commencement of the Council Meeting held on the first Tuesday of the month (prior to the Policy Committee meetings). Council has previously resolved to hold briefings, when required, on the second Tuesday of the month starting at 6pm.
TRIM REFERENCE: 2016/1926
AUTHOR: Michelle Catlin, Manager Administration and Governance
EXECUTIVE Summary
Council has established Policy Committees and delegated authority to those Committees to determine a range of matters, except where a resolution would cause expenditure outside Council’s adopted Delivery/Operational Plan.
Council’s Community Committee structure is presented in this report for determination.
Link To Delivery/OPerational Plan
The recommendation in this report relates to the Delivery/Operational Plan strategy “1.2 Our City - Information and advice provided for the decision-making process will be succinct, reasoned, accurate, timely and balanced”.
Financial Implications
Council has been advised that as a council included in the NSW Government’s merger proposals under consideration by the Office of Local Government since referral on 6 January 2016, Council must comply with the merger proposal period guidelines issued under S23A of the Local Government Act 1993.
The guidelines instruct Council it should expend money in accordance with the detailed budget adopted for the purposes of implementing the Delivery/Operational Plan for the 2015/16 year.
Any expenditure outside the adopted budget requires the identification of clear and compelling grounds and must be approved by Council at a meeting that is open to the public. The guidelines indicate the resolution of Council for increased expenditure must specify the reasons why the expenditure is required and warranted.
If increased expenditure is greater than $250,000 or 1% of the Council’s revenue from rates in the preceding year, whichever is the greater, Council is required to exhibit the increase to the budget and consider comments received.
Council must also avoid entering into contracts or undertakings where expenditure or revenue is greater than $250,000 or 1% of the Council’s revenue from rates in the preceding year, whichever is the greater, unless the contract or undertaking is as a result of a decision or procurement process commenced prior to the merger proposal period or where entering into a contract or undertaking is reasonably necessary for the purposes of meeting the ongoing service delivery commitments of the Council or was previously approved in the Council’s Delivery/Operational Plan.
Policy and Governance Implications
Nil
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1 That Council establish the following Policy Committees: a Planning and Development b Employment and Economic Development c Infrastructure d Sport and Recreation e Environmental Sustainability f Finance g Services 2 That Council determine the Chairperson for each Policy Committee for the ensuing twelve months. 3 That Council re-establish the Community Committee structure as set out in this report, with Councillors to advise any change to Councillor representation on these Community Committees. 4 That Council determine representation on external bodies where required. |
further considerations
Consideration has been given to the recommendation’s impact on Council’s service delivery; image and reputation; political; environmental; health and safety; employees; stakeholders and project management; and no further implications or risks have been identified.
SUPPORTING INFORMATION
Policy Committees
The Policy Committee structure determined in September 2015 is listed for consideration by Council.
Council is required to determine the Chairperson for each Policy Committee. Councillors may nominate for the position of Chairperson at any time prior to the meeting, and at the meeting following a call by the Returning Officer for nominations. A nomination form is included with this report.
The Charters for the Policy Committees are attached.
Community Committees
The Community Committee structure is set out below, with current Councillor representation listed. Councillors have the opportunity to confirm or change representation.
Also included are the external parties upon which Council has a representative. In some cases, the term of the appointment has not yet expired, so only those seeking current confirmation are listed for consideration.
The Audit and Risk Management Committee will likely be impacted by current amendments to the Local Government Act which are presently before parliament. Once finalised, the impact of the amendments concerning the internal audit function will be provided to Councillors.
The Charters for the Community Committees are attached.
Community Committee Structure
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Committee |
Current members |
Policy Committee |
Currently Meets |
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Economic Development |
Cr Whitton, Cr Duffy, Cr Kidd, Cr Jones, Cr Gryllis |
Employment and Economic Development |
Every second month on the Wednesday following the first Council meeting |
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Orange Health |
Cr Gryllis, Cr Kidd |
Employment and Economic Development |
Quarterly, third Monday at 7.30am |
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Sister Cities |
Cr Gryllis, Cr Duffy, Cr Turner |
Employment and Economic Development |
Quarterly, second Wednesday at 5.30pm |
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Companion Animals |
Cr Jones, Cr Kidd |
Environmental Sustainability |
Quarterly, first Monday at 4pm |
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Tidy Towns |
Cr Gander, Cr Gryllis, Cr Munro |
Environmental Sustainability |
As required |
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Environmental Sustainability |
Cr Jones, Cr Kidd, Cr Turner |
Environmental Sustainability |
Quarterly, third Friday at 8.00am |
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Orange Airport |
Cr Gryllis, Cr Duffy, Cr Kidd |
Infrastructure |
Six monthly, third Wednesday 5pm |
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Floodplain |
Cr Kidd, Cr Jones |
Infrastructure |
As required |
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Sport and Recreation |
Cr Davis, Cr Hamling, Cr Duffy, Cr Munro |
Sport and Recreation |
Six monthly, fourth Thursday at 9am |
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Orange Showground |
Cr Davis, Cr Duffy, Cr Gander, Cr Turner, Cr Kidd |
Sport and Recreation |
Six monthly, first Thursday at 4.30pm |
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Australia Day |
Cr Davis, Cr Kidd, Cr Turner |
Sport and Recreation |
As required |
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Bicycling Community |
Cr Brown, Cr Duffy |
Sport and Recreation |
Quarterly, first Monday at 5pm |
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Parks, Trees and Waterways |
Cr Jones, Cr Kidd |
Sport and Recreation |
Quarterly, second Thursday of the month at 5.00pm |
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Committee |
Current members |
Policy Committee |
Currently Meets |
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Spring Hill |
Cr Duffy, Cr Gander |
Services |
Quarterly, fourth Monday at 5.30pm |
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Lucknow |
Cr Gander, Cr Duffy |
Services |
Six monthly, second Monday at 5.30pm |
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Clifton Grove |
Cr Duffy, Cr Kidd, Cr Turner |
Services |
Six monthly, fourth Thursday at 5.30pm |
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Ageing and Access Community |
Cr Jones, Cr Kidd, Cr Gander |
Services |
Quarterly, first Thursday at 3pm |
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Cultural Heritage |
Cr Kidd, Cr Jones, Cr Gander |
Services |
Quarterly, second Monday at 5.00pm |
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Community Safety and Crime Prevention |
Cr Hamling, Cr Gander |
Services |
Quarterly, second Monday at 5.30pm |
Orange and Cabonne Road Safety |
Cr Duffy |
Services |
As required |
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NAIDOC Week |
Cr Jones, Cr Turner |
Services |
Weekly or as required, Friday 10am |
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Orange Regional Museum |
Cr Gander, Cr Jones, Cr Kidd, Cr Turner |
Services |
As required |
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Centenary of World War I |
Cr Davis, Cr Kidd, Cr Taylor |
Services |
As required |
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Orange Planetarium |
Cr Gryllis, Cr Taylor, Cr Duffy, Cr Jones |
Services |
As required |
Statutory and Other Committees
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Committee |
Current members |
Policy Committee |
Currently Meets |
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Audit and Risk Management Committee |
Cr Davis and Cr Gryllis
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Finance |
Quarterly, first Friday at 9am |
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City of Orange Traffic |
Cr Turner, Cr Munro (alternate) |
Infrastructure |
Monthly, second Tuesday at 10am |
External Appointments
Council is represented on a number of external appointments, with the following appointments due to renewal:
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Organisation |
Current Representative |
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Association of Mining Related Councils |
Mayor Alternates - Crs Whitton, Kidd, Gryllis, Gander |
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Business Enterprise Centre |
Cr Brown |
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Central West Libraries |
Cr Davis Alternate - Cr Duffy alternate |
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Chamber of Commerce |
Cr Kidd |
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Bushfire Liaison Committee |
Cr Duffy |
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Bushfire Management Committee |
Cr Duffy |
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Orange Regional Arts Foundation |
Cr Brown |
1 Nomination form - Chairperson - Policy Committee, D15/31558⇩
2 Charters - Policy Committees, 2016/2018⇩
3 2016 Draft Charters - Community Committees, D16/39066⇩
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Extraordinary Council Meeting 6 September 2016
2.3 Policy and Community Committees of Council
Attachment 1 Nomination form - Chairperson - Policy Committee
ORANGE CITY COUNCIL
NOMINATION FOR THE POSITION OF CHAIRPERSON FOR THE
..................................................................................................................... POLICY COMMITTEE
(Under Schedule 7, Local Government (General) Regulation 2005)
I, hereby nominate __________________________________________
for the position of Chairperson of the above Policy Committee for the 2016/17 Term of Office.
I,________________________________________ CONSENT TO MY NOMINATION FOR THE
POSITION OF CHAIRPERSON FOR THE 2016/17 TERM OF OFFICE
SIGNED ____________________________ DATE __________________________
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Extraordinary Council Meeting 6 September 2016
2.3 Policy and Community Committees of Council
Attachment 2 Charters - Policy Committees
